AFRICA – The Food and Agriculture Organization of the United Nations has released a new Explanatory Note aimed at supporting African countries in developing and updating food safety legislation aligned with regional and international standards.
The publication provides guidance on the application of the Guidelines for Developing Harmonized Food Safety Legislation for the CCAFRICA Region (CXG 98-2022), which were adopted in 2022 by the FAO/World Health Organization Coordinating Committee for Africa.
The Coordinating Committee for Africa, commonly known as CCAFRICA, is responsible for coordinating the development of Codex Alimentarius standards relevant to the African region.
These standards are designed to protect consumer health and support fair practices in food trade, while allowing countries to reflect their own legal and institutional contexts.
Supporting legislative development and reform
Developed by FAO’s Development Law Service within the Legal Office, in collaboration with the Agrifood Systems and Food Safety Division, the Explanatory Note is intended as a practical reference for policymakers, regulators, and legal drafters.
It applies to countries drafting new food safety laws, revising existing legislation, or adopting implementing regulations.
Rather than introducing new legal obligations, the note explains how the existing CCAFRICA Guidelines can be interpreted and applied consistently across Member Nations. It addresses recurring legal and regulatory questions that arise during food law reform and provides clarification on areas not fully detailed in the original Guidelines.
Harmonization without uniformity
A central theme of the Explanatory Note is the distinction between harmonization and unification. The guidance emphasizes that the objective for the African region is to align national food safety laws around shared principles, not to impose identical legal texts across countries.
This approach allows Member Nations to adapt food safety legislation to their own constitutional, legal, and administrative systems, while maintaining compatibility with regional trade requirements and international benchmarks such as the Codex Alimentarius and World Trade Organization agreements.
Clarifying the scope of food safety legislation
The publication outlines an integrated understanding of the food chain, describing it as a continuous pathway from primary production to consumption. This includes activities and inputs that influence food safety before processing begins, such as animal feed, agricultural inputs, and on-farm practices.
The Explanatory Note also draws a clear line between food law and food safety legislation. Food law may cover broader objectives, including economic interests and commercial practices, while food safety legislation is expected to focus primarily on protecting consumer health. This distinction is presented as essential for legal clarity, regulatory enforcement, and dispute resolution.
Consumer health as the primary legal objective
According to the guidance, food safety legislation should explicitly state that consumer health protection takes precedence over other considerations. By anchoring this principle in law, regulators and courts are provided with a clear basis for decision-making when public health and economic interests appear to conflict.
The note explains that this legal framing helps ensure that unsafe food is prevented from entering or remaining on the market, regardless of potential economic implications.
Roles across the food system
The Explanatory Note reinforces the principle that responsibility for food safety is shared across the food system, with clearly defined roles.
Food business operators are identified as having primary responsibility for ensuring the safety of the food they produce, process, or distribute. Governments are responsible for establishing legal requirements, maintaining official control systems, and verifying compliance through inspections and enforcement mechanisms.
Consumers are recognized as playing a role in managing food safety risks through proper handling, storage, and preparation, supported by public awareness and education initiatives. The guidance also highlights academia as an important source of scientific expertise, contributing evidence to support risk-based and science-informed regulation.
Institutional coordination and national control systems
To address fragmented oversight and overlapping mandates, the publication encourages countries to strengthen coordination within national food control systems. It recommends identifying a single competent authority to coordinate food safety activities, act as a focal point for international trade, and manage emergency responses related to food safety incidents.
The Explanatory Note also supports the use of traceability systems, transparency in regulatory processes, and mechanisms for regular legislative review to ensure laws remain aligned with scientific developments and emerging risks.
Part of FAO’s food safety and quality series
The publication forms part of FAO’s Food Safety and Quality Series and is positioned as a reference document for strengthening national food control frameworks across Africa.
By promoting compatible legal approaches, the guidance aims to support safer food supplies, facilitate trade within and beyond the region, and improve regulatory certainty for food businesses and authorities.
The Explanatory Note was released in 2025 and serves as a companion resource to the CCAFRICA Guidelines, offering additional clarity on legal concepts, definitions, and implementation pathways relevant to African food systems.